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Received your cancellation? You only have 3 weeks to cancel!
After receiving notice of dismissal, you must file an action for unfair dismissal within three weeks (Section 4 KSchG). If you miss this deadline, the dismissal will take effect - even if it was unlawful.
☎ Call now: 0221 - 80 18 76 70 Free initial assessment by telephone.
✓ Personalised support - You speak directly with the lawyer, not with an employee
✓ Experience since 2005 - Hundreds of labour law proceedings before the Cologne Labour Court
✓ International background - LL.M. (Master) from the University of Melbourne
✓ Employee AND employer - Counselling on both sides (not in the same case)
✓ Combination of labour law + immigration law - Particularly important for international employees
Attorney Helmer Tieben, LL.M. Master of International Tax, University of Melbourne
Since being admitted to the bar in 2005, I have represented clients before the Cologne Labour Court and the Cologne Regional Labour Court. Thanks to my studies in Australia, I have an international perspective - particularly valuable for clients with cross-border employment relationships or immigration law issues.
My main focus:
With over 1.1 million inhabitants and around 630,000 employees subject to social security contributions, Cologne is one of the largest labour market locations in North Rhine-Westphalia. These figures illustrate the considerable potential for conflict between employee and employer interests.
As a Cologne law firm, I know the Employment Court Cologne, 02.07.2014, Case No.: 14 Ga 65/14 (Blumenthalstraße 33, 50670 Cologne) and the Regional Labour Court Cologne from many years of experience. This local anchoring enables me to realistically assess your chances of success
If you have received a cancellation, the clock is ticking: within three weeks After receipt, you must file an action for protection against dismissal with the labour court (§ 4 KSchG). If you miss this deadline, the dismissal is deemed to be effective from the outset - even if it was actually unlawful.
The Dismissal Protection Act (KSchG) protects employees from socially unjustified dismissals. It applies if:
Even in small businesses a dismissal is contestable: Dismissals that are immoral or contrary to good faith are invalid even without protection under the KSchG. This means that a minimum level of social consideration must also be observed in small businesses.
→ Find out more: Protection against dismissal in small businesses
Ordinary cancellation: Termination in compliance with the statutory or contractual notice period. The employer needs a reason for termination: personal, behavioural or operational.
Extraordinary termination (without notice): Terminates the employment relationship immediately. Prerequisite is an important reason according to § 626 BGB, which makes the continuation unreasonable (e.g. theft, working time fraud, gross breach of duty).
Change notice: The employer terminates the existing employment relationship, but at the same time offers to continue the employment relationship under changed conditions.
→ Judgement: Dismissal without notice due to secret recording of a staff meeting
Certain groups of employees enjoy special protection against dismissal:
| Group of people | Legal basis | Special feature |
| Pregnant women | § 17 MuSchG | Termination during pregnancy and up to 4 months after giving birth is generally not permitted |
| Parents on parental leave | § 18 BEEG | Protection from registration of parental leave |
| Severely disabled persons | § SECTION 168 SGB IX | Approval of the integration office required |
| Works Council members | § 15 KSchG | Only extraordinary cancellation possible |
| Apprentices | § 22 BBiG | Can only be cancelled for good cause |
| Data protection officer | § Section 38 (2) BDSG | Protection against dismissal like works council |
If you consider a dismissal to be invalid, I will file an action for protection against dismissal with the Cologne Labour Court. The typical procedure:
→ Successful case: action for unfair dismissal against suspected dismissal
A common misconception: there are no legal claim to a Severance payment in the event of dismissal. In practice, however, severance payments are agreed in around 80% of dismissal protection proceedings because employers want to avoid the risk of litigation.
Severance payment = gross monthly salary × length of service × factor (0.5 to 1.0)
The factor can be higher for
Example: 10 years with the company, €4,000 gross salary:
→ Detailed article: Severance pay in labour law - What you are really entitled to
A cancellation agreement terminates the employment relationship by mutual agreement. That sounds fair - but it harbours considerable risks:
⚠️ Blocking period for unemployment benefit: The Federal Employment Agency regularly imposes a blocking period of up to 12 weeks. You will not receive unemployment benefit during this period.
My recommendation: Sign a cancellation agreement never immediately - even if the employer puts pressure on you. Let me check it for you.
The three biggest risks:
A warning is a formal warning letter and the precursor to dismissal for misconduct. It must three core functions fulfil:
If one of these elements is missing, the warning is ineffective - the letter is then only a warning and cannot serve as a basis for termination.
I will advise you on which option makes sense in your case.
→ Find out more: Receiving a warning letter - your rights as an employee
If the employer does not pay your wages or does not pay them in full, you are entitled to subsequent payment. Caution: Many employment contracts contain Limitation periods, which allow your claims to lapse (often 3 months after the due date).
After the Continued Remuneration Act (§ 3 EFZG) In the event of illness, you are entitled to continued payment of wages for up to six weeks. After that, the health insurance company pays Sickness benefit (approx. 70% of the gross salary).
The employer can request a medical certificate from the first day of illness.
→ Judgement: Employer can demand a medical certificate on the first day
The Federal Holiday Act (BUrlG) grants at least 24 working days (6-day week) or 20 working days (5-day week) holiday per year. The employer must take the family situation into account when granting leave.
The employment contract or training contract forms the legal basis of the employment relationship. With Time limits strict rules apply in accordance with the Part-Time and Fixed-Term Employment Act (§ 14 TzBfG): It is often advisable to challenge fixed-term contracts if there are no objective reasons.
Frequently ineffective clauses:
I check your employment contract before you sign it.
→ Judgement: General terms and conditions clause on overtime compensation invalid
Every employee is entitled to a written reference upon termination of employment (§ 109 GewO). A qualified certificate contains an assessment of performance and behaviour. The employer must observe both the duty of truth and the duty not to unnecessarily impede professional advancement (favourable reference).
Recognise hidden negative formulations:
| Formulation | Actual meaning |
| „He always endeavoured...“ | Without success |
| „...to our satisfaction“ | Grade 4 (sufficient) |
| „...was sociable“ | Indicates alcohol problems |
| „...showed understanding for his work“ | Has achieved nothing |
I check your certificate and enforce corrections - in court if necessary.
Bullying describes systematic harassment in the workplace. Labour law does not have its own „bullying law“, but general principles of labour law and civil law apply. Employers have a Duty of care (§ 241 BGB) and must protect their employees.
If bullying is based on gender, origin, age, religion, disability or sexual identity, the General Equal Treatment Act (AGG). Those affected can claim damages and compensation.
Your options:
After the Maternity Protection Act (MuSchG) dismissal during pregnancy and up to four months after the birth is generally not permitted, provided the employer is aware of the pregnancy.
Severely disabled employees have special protection against dismissal according to § SECTION 168 SGB IX. The employer must obtain the approval of the Integration Office before giving notice.
A training programme has its own rules according to the Vocational Training Act (§ 22 BBiG). After the probationary period, trainees can only be dismissed for good cause.
Act immediately: ☎ 0221 - 80187670
As a Cologne lawyer, I also advise entrepreneurs and management:
As an employer, you will receive precise legal assessments and tried-and-tested solutions.
→ Judgement: Does the omission of a social selection lead to the invalidity of the dismissal?
| Performance | Costs |
| Initial assessment by telephone | Free of charge |
| Initial consultation according to RVG | Max. 226,10 € gross |
| Extrajudicial representation | According to amount in dispute (RVG) |
| Ruling of the Federal Labor Court | According to amount in dispute (RVG) |
In the first instance before the labour court each party pays its own legal fees - regardless of the outcome. You therefore never pay the employer's legal fees.
Most labour law insurance policies cover the costs in full. I will obtain confirmation of cover for you before any costs are incurred. Please note: The usual waiting period of 3 months must have expired.
If you have a low income, you have the option, Legal aid (PKH) to apply. I will support you with the application.
You must file a complaint with the labour court within three weeks of receiving the dismissal notice (Section 4 KSchG). If you fail to do so, the dismissal will take effect.
Yes, the KSchG applies to companies with more than 10 employees. This protection does not apply to small companies, but the dismissal must not be immoral or contrary to good faith. Special protection against dismissal (pregnancy, disability, trainees) still applies.
A cancellation agreement terminates the employment relationship by mutual agreement - but be careful: unemployment benefit is blocked for up to 12 weeks. An action for protection against dismissal is directed against a dismissal by the employer in order to establish its invalidity or to obtain a severance payment.
Yes, according to the Continued Remuneration Act (§ 3 EFZG), you are entitled to continued payment of wages for up to six weeks. After that, the health insurance fund pays sick pay (approx. 70% of gross pay).
No. There is no statutory entitlement. In practice, however, severance payments are agreed in around 80% of dismissal protection proceedings. Rule of thumb: 0.5 to 1.0 gross monthly salary per year of employment.
You can submit a counterstatement to the personnel file or request removal. Sometimes the wisest strategy is to wait and see. I will advise you on the best response in your case.
Both. I represent employees in dismissal protection claims and severance negotiations, employers in drafting contracts and legally compliant dismissals - of course not both sides in the same case.
At Cologne Labour Court on average 3-6 months. Around 80% of proceedings end with a settlement at the conciliation hearing (4-6 weeks after filing the claim). An appeal extends the proceedings by a further 6-12 months.
A dismissal can have considerable consequences under immigration law. As a lawyer specialising in labour law AND immigration law, I can advise you on both aspects. More on immigration law
The fees are based on the RVG and the amount in dispute. If you have a low income, you can apply for PKH. Many clients have legal expenses insurance that covers the costs.
Attorney Helmer Tieben, LL.M. Sachsenring 34 50677 Cologne (Südstadt)
☎ Telephone: 0221 - 80 18 76 70 ✉ E-Mail: info@mth-partner.de
Accessibility: Mon-Fri 09:00-18:00 In urgent cases (cancellation received) you can also reach me outside office hours.
The office is located between Ulrepforte and Chlodwigplatz - 5 minutes from Chlodwigplatz underground station (KVB lines 15, 16).
